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REPUBLIC OF ZAMBIA REPORT OF THE COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS ON THE CONSIDERATION OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES BILL, N.A.B.

No.

33 OF 2021 FOR THE FIFTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY Published by the National Assembly of Zambia REPORT OF THE COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS ON THE CONSIDERATION OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES BILL, N.A.B.

No.
33 OF 2021 FOR THE FIFTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY TABLE OF CONTENTS Item 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 Membership of the Committee Functions of the Committee Meetings of the Committee Procedure adopted by the Committee Background Objects of the Bill Salient Provisions of the Bill Summary of Submissions by Stakeholders Committee‟s Observations and Recommendations Conclusion Appendices Appendix I: List of Witnesses Appendix II: List of National Assembly Officials Page No 1 1 1 1 1 2 2 13 18 21 23 24 i REPORT OF THE COMMITTEE ON NATIONAL SECURITY AND FOREIGN AFFAIRS ON THE CONSIDERATION OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES BILL, N.A.B.
No.
33 OF 2021 FOR THE FIFTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY 1.0 MEMBERSHIP OF THE COMMITEE The Committee consisted of Dr M Malama, MP (Chairperson); Ms A M Chisangano, MP (Vice-Chairperson); Mr E J Muchima, MP; Brig Gen M Sitwala (Rtd) MP; Mr K Mbangweta, MP; Mr L Nyirenda, MP; Ms M Miti, MP; Mr F Ngambi, MP; Mr A B Malama, MP; and Ms M Lubezhi, MP The Honourable Mr Speaker National Assembly Parliament Buildings LUSAKA Sir, The Committee has the honour to present its Report on the Narcotic Drugs and Psychotropic Substances Bill, N.A.B.
No.

33 of 2021, for the Fifth Session of the Twelfth National Assembly, referred to it on 16th April, 2021.

FUNCTIONS OF THE COMMITTEE 2.0 The functions of the Committee are as set out under Standing Order No.

157 (2) of the National Assembly Standing Orders, 2016, pursuant to which the Committee is mandated to consider Bills that may be referred to it.

3.0 MEETINGS OF THE COMMITTEE The Committee held ten meetings to consider the Narcotic Drugs and Psychotropic Substances Bill, N.A.B.

No.

33 of 2021.
No.

33 of 2021.

PROCEDURE ADOPTED BY THE COMMITTEE 4.0 In order to acquaint itself with the ramifications of Narcotic Drugs and Psychotropic Substances Bill, N.A.B.

No.

33 of 2021, the Committee sought both written and oral submissions from the stakeholders listed at Appendix II.
5.0 BACKGROUND The review of the Narcotic Drugs and Psychotropic Substance Act, Chapter 96 of the Laws of Zambia, started in 2016, spearheaded by the Law Development Commission at the request of the Drug Enforcement Commission.

This was against the backdrop that the Narcotic Drugs and Psychotropic Substances Act which was enacted in 1993 was inadequate in dealing with many issues related to illicit drug control and prevention.
With the ever emerging sophisticated methods of criminal activities, strengthening of the law was deemed necessary.

Therefore, in order to address the new developments and the emerging trends in relation to 1 narcotic drugs and psychotropic substances, there was an urgent need to review the existing law.

.

6.0 OBJECTS OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES BILL, N.A.B.

No.
33 OF 2021 The objects of the Bill were to: a) b) c) d) e) f) provide for the functions of the Drug Enforcement Commission; revise and consolidate the law relating to drugs and precursor chemicals; provide for special measures relating to the prevention, treatment and rehabilitation of victims of drug abuse; repeal and replace the Narcotic Drugs and Psychotropic Substances Act, 1993; domesticate the Convention on Psychotropic Substances, 1971, the United Nations Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances, 1998 and the United Nations Convention against Transnational Organised Crime, 2003; and provide for matters connected with, or incidental to the foregoing.
7.0 SUMMARY OF THE SALIENT PROVISIONS OF THE BILL PART I PRELIMINARY PROVISIONS Clause 1 – Short title and Commencement This clause provided for the title of the Bill.

Clause 2 - Interpretation This clause provided for definitions of some key words used in the Bill to make the law easier to understand.

Clause 3 – Establishment of Commission This clause sought to establish a Commission which would be responsible for the administration of the Narcotic Drugs and Psychotropic Substances Act.
Clause 4 – Functions of the Commission This clause sought to provide for the functions of the Commission which, among others, were to prevent, investigate and control the supply and demand of a drug and precursor, prevent and investigate money laundering and related offences or promote and coordinate policies for the control of drug trafficking, drug abuse and money laundering.
Clause 5 – Constitution of Staff Board This clause sought to constitute a staff Board of the Commission which would be appointed by the Minister.

Clause 6- Functions of Staff Board This clause sought to provide for the functions of the staff Board of the Commission which among others, was to advise the Director-General on matters relating to recruitment, 2 appointment and termination of employment, discipline and welfare of an officer in the Commission.
Clause 7- Director-General This clause sought to provide for the appointment of the Director-General who would be the Chief Executive Officer of the Commission and responsible for the day to day administration of the Commission.

It further provided for the qualifications which a person to be appointed Director-General must possess in order to be eligible for appointment by the President.
Clause 8- Powers of Director General This clause sought to provide for the functions of the Director-General of the Commission which, among others, were to authorise an officer of the Commission to conduct an inquiry or investigation into alleged or suspected offences under the Narcotic Drugs and Psychotropic Substances Act.

It further sought to give power to the Director-General to require the person under investigations to surrender travelling documents or any documents in that person‟s possession.
Clause 9-Deputy-Director-General This clause sought to provide for the appointment of the Deputy Director-General of the Commission by the President.

It further provided the qualifications which a person must meet to qualify for appointment as Deputy Director-General.

Clause 10- Directors, investigating officers and other staff This clause sought to provide for the appointment of the Directors, investigating officers and other staff of the Commission by the Director-General.
Clause 11-Identity Card This clause sought to provide for the issuance of an identity card by the Director-General to an investigating officer of the Commission as evidence of such appointment.

Clause 12- Oath on appointment This clause sought to provide for a member of the Commission on appointment to take an oath in accordance with the Official Oaths Act, Chapter 5 of the Laws of Zambia.
Clause 13-Guidance by the Commission This clause sought to provide for the Commission to issue guidance to a state institution or private body on practices and procedures that were necessary to prevent, reduce or eliminate the occurrence of drug trafficking or activities relating to drugs.
Clause 14-Report and recommendations by Commission This clause sought to provide for the Commission, after an investigation into an alleged offence under this Act, to make recommendations that the Commission considered necessary to an appropriate authority.
3 PART II OFFENCES AND PENALTIES Clause 15 – Prohibition of trafficking in drug or precursor chemical This clause sought to provide for a person not to engage in the trafficking of a drug or precursor chemical and to provide for an offence for any contravention.
Clause 16 – Prohibition of import or export of drugs or precursor chemicals This clause provided for a person not to engage without lawful authority in import or export of drugs or precursor chemicals that were in the second, third and fifth Schedules of this Act.

It also provided for a penalty for any contravention.

Clause 17 – Prohibition of trade in drugs or precursor chemicals This clause sought to provide for the person not to trade in a drug or precursor chemical without lawful authority.
It also provided for a penalty for any contravention.

Clause 18-Prohibition of possession of drug or precursor chemical This clause sought to provide for a person not to possess a drug or precursor chemical without lawful authority.

It also provided for a penalty against a person who possessed a drug or precursor chemical without lawful authority.
19 Prohibition of cultivation of plant for drug purposes This clause sought to provide for a person not to cultivate a plant which could be used or consumed as a drug.

It also provided for a penalty to any person who cultivated a plant which could be used or consumed as a drug.

Clause 20- prohibition of unlawful manufacture of drug or precursor chemical This clause sought to provide for the person not to manufacture or carry out a process for the manufacture of a drug or precursor chemical.
It also provided for a penalty to any person who manufactured or carried out a process for the manufacture of a drug or precursor chemical.

Clause 21- Prohibition of possession, manufacture, etc.
of drug, precursor chemical, equipment or material This clause sought to provide for the person not to produce, manufacture, import, export, transport, offer, sell, distribute, deliver, consign, dispatch, offer to purchase or possess a drug, or precursor chemical, equipment or material for the cultivation, production or manufacture of a drug without lawful authority.

It also provided for a penalty against any person who contravened this provision.
Clause 22- Prohibition of consumption or administration etc.

of drug This clause sought to provide for the person not to consume or administer on another person a drug or precursor chemical without lawful authority.

It also provided for a penalty to any person who consumed or administered on another person a drug or precursor chemical without lawful authority.
4 Clause 23- Prohibition of inducing a person to take drug This clause sought to provide for the person not to induce another person to take a drug by force, deceit or any other means.

It also provided for a penalty against any person who contravened this provision.

Clause 24-Prohibition of double doctoring This clause sought to provide for the person not to obtain a drug or a prescription for a drug from an unauthorised prescriber.
It also provided for a penalty against any person who contravened this provision.

Clause 25- Prohibition of unlawful possession of instrument or utensil for administering drug This clause sought to provide for a person not to possess or control an instrument or utensil used in administering a drug without lawful authority.

It also provided for a penalty against any person who contravened this provision.
Clause 26- Prohibition of use of premises for unlawful administration etc of drug or precursor chemical.

This clause sought to provide for a person who occupied or controlled premises not to permit those premises to be used for illicit consumption, administration, preparation, manufacture or trade in drugs or precursor chemicals.

It also provided for a penalty against any person who contravened this provision.

Clause 27- Prohibition of unlawful supply, etc.


of drug or precursor chemical This clause sought to provide for a person not to supply to or procure for another person a drug or precursor chemical or advertise for sale a drug or precursor chemical.

It also provided for a penalty against any person who contravened this provision.
Clause 28- Prohibition of financing of offence under Act This clause sought to provide for a person not to invite another person to provide or make available money or property for an illegal activity.

It also provided for a penalty against any person who contravened this provision.
Clause 29- Prohibition of unlawful use of property for commission of offence This clause sought to provide for a person not to directly or indirectly deal in or use any property within or outside the Republic for the purpose of committing an offence under this Act.

It also provided for a penalty against any person who contravened this provision.
Clause 30- Prohibition of possession of tainted property This clause sought to provide for a person, whether on that person‟s behalf or on behalf of another person, knowingly not to use or cause to be used, or receive any tainted property.

It also provided for a penalty against any person who contravenes this provision.
Clause 31- Concealment of tainted property This clause sought to provide for person not to convert, transfer or dispose of any property knowing that the property was tainted property or conceal or disguise or help any person in 5 the commission of an offence to evade the consequences of tainted property.

It also provided for a penalty against any person who contravened this provision.
Clause 32- Concealment of offence This clause sought to provide for a person with intent not to defraud or to conceal the commission of an offence under this part or an obstructing an investigating officer in the investigation of an offence under this Act.

It also provided for a penalty against any person who contravened this provision.
Clause 33- Impersonation and procurement of officer This clause sought to provide for a person not to impersonate as an officer of the Commission or pretend to procure an officer of the Commission to do or refrain from doing anything relating to the duties of that officer.

It also provided for a penalty against any person who contravened this provision.
Clause 34- General penalty This clause sought to provide for a general penalty against a person who contravened any provision under this Act for which no penalty was provided.

Clause 35- Effect of conviction This clause sought to provide for a person convicted of an offence under this part to be disqualified for a period of five years from being elected or appointed to, or from holding or continuing to hold, an office or position in a state institution.
Clause 36- Offence by body corporate or unincorporated body This clause sought to provide for an offence committed by a body corporate or unincorporated body.

Clause 37- Grounds for aggravation This clause sought to provide the grounds for aggravation which the court may use in determining the nature and extent of a penalty to be ordered in relation to a person convicted of an offence under this part.
Clause 38- Alternative sentence This clause sought to provide alternative sentences which the court may give to a person convicted of an offence under this part.

Clause 39- Suspension and revocation of suspended sentences This clause sought to provide for the suspension and revocation of the whole or any part of the penalties imposed on a person convicted under this part.
6 PART IV Diversion Clause 40 – Application for authorisation This clause provided for a person who intended to cultivate, manufacture, produce, distribute, import, export, trade, package, re-package, transit, remove, divert, posses, consume, administer or otherwise deal with a drug or precursor chemical to apply to the Authority or Agency for authorisation.
Clause 41 – Drug or precursor chemical in transit This clause provided for the person to bring a drug or precursor chemical into the Republic if the drug or precursor chemical was in transit from a country where it was lawfully exported to a country where it was lawfully imported.
It further, provided for a drug or precursor chemical to be accompanied with documents if it was being imported from a country which was not a member to the Convention against Transnational Organised Crime, 2003 and also gave powers to the investigating officer to seize and detain a drug or precursor chemical if it was suspected that the drug or precursor chemical was being conveyed in an unlawful manner or for unlawful purposes or was in transit for the purpose of being imported into another country in contravention of the laws of that country.
Clause 42-Release of Seized or detained drug or precursor chemical This clause provided for the Director-General, Deputy Director-General or an investigation officer to release the seized drugs or precursor chemical in transit if it was established that the drug or precursor chemical was being conveyed in a lawful manner or for the lawful purpose.
Clause 43-Removal Permit This clause provided for the person not to remove a drug or precursor chemical in transit from the conveyance by which it was brought into the Republic except under authorisation issued by the Authority.

It also provided for a penalty for any contravention of this provision.
Clause 44-Prohibition of altering nature of, or tempering with, drug or precursor chemical in transit This clause prohibited a person from tampering with any package containing a drug or precursor chemical in transit or to do anything which may alter its nature except under an authorisation issued by the Authority.
Clause 45- Prohibition of diversion of drug or precursor chemical This clause prohibited a person to cause or procure a drug or precursor chemical in transit through the Republic to be diverted to a destination other than that to which it was originally consigned without authorisation.

It further provided for a penalty for any contravention of this provision.
7 Clause 46-Application for diversion certificate This clause provided for the person who intended to divert a drug or precursor chemical in transit to a destination other than a place which it was originally consigned to except with authorisation of the Authority and in consultation with the Commission.
Clause 47-Exemption of medicinal preparation in possession of traveller This clause provided for the exemption of a drug or precursor chemical in a form of a medicinal preparation which was in a possession of a person coming from outside the Republic and that such person must on arrival in the Republic declared the drug or precursor chemical which was in a form of a medicinal preparation to an officer.

Clause 48-Application, grant, modification etc.


of authorisation permit or certificate This clause gave power to the minister responsible for health, on recommendation from the Authority and the Commission, to issue a statutory instrument on any matters that were necessary for regulation of authorisation.
PART V INVESTIGATIONS Clause 49-Investigations This clause gave power to the Director-General to investigate a matter brought to the Director- General‟s attention by a whistle blower and refer the matter to any appropriate authority.

Clause 50-Exemption of information This clause gave power to the Director-General to determine whether or not the information received from a whistle blower warranted an investigation and inform the whistle blower accordingly.
Clause 51-Power to require attendance before Director-General This clause gave power to the Director-General to require a person under investigation or any person with information or documents relevant to the investigation to attend before the Director-General and answer questions or produce documents specified in the notice.
Clause 52- Power of entry, search and seizure This clause gave power to the Director-General by order in writing to authorise an investigating officer or police officer to enter premises, search and seize any property liable to be seized or forfeited under this Act.
Clause 53- Search, seizure and inspection This clause gave power to an investigating officer with a warrant to enter and search any premises, search any person on the premises, examine any document found on the premises, require any information to be given on a document found on the premises and to furnish the Director-General with a written report on any information relating to the inspection which may be required.
8 Clause 54-Power to intercept communication This clause gave power to the investigating officer to intercept any communication or postal article reasonably suspected to contain any information or substance relevant to the investigation into an office under this Act.
Clause 55-Undercover and controlled delivery operations This clause gave power to the Director-General where the Director-General suspected on reasonable grounds that a person had committed an offence or was about to commit an offence to give approval for a controlled delivery to be carried out Clause 56- Power of arrest This clause gave power to the Director-General or an investigating officer to arrest a person suspected to have committed an offence or about to commit an offence.
Clause 57-Power to use firearm This clause gave power to the investigating officer to use a firearm during an operation for the purpose of disabling a person and not to kill.

Clause 58-Seizure of property This clause gave power to an investigating officer during a course of investigation to seize any moveable or immovable property derived or acquired from trafficking or from an illegal activity and to serve a copy of the list containing the properties seized to the owner of the property.
Clause 59-Custody and release of seized property This clause gave power to an investigating officer where practicable to remove a movable property from the custody or control of the person from whom it is seized and placing it under the custody of another person or authority.
Clause 60-Restriction on disposal of property This clause gave power to the Director-General to direct a person under an investigation not to dispose of or otherwise deal with any property specified in the notice without the consent of the Director-General and a penalty for any contravention of this provision.
Clause 61-Restriction on disposal of property by third party This clause gave power to the Director-General to direct a third party holding any property, including money in a bank account which was under an investigation, not to dispose of or otherwise deal with any property specified in the notice without the consent of the Director- General and a penalty for any contravention of this provision.
Clause 62-Disposal of recovered, seized and forfeited drug or precursor chemical This clause provided for the disposal of recovered, seized and forfeited drug or precursor chemical to be in a manner and in accordance with any relevant written law.

9 Clause 63-Delegation of powers This clause gave power to the Director-General to delegate the powers of the Director-General to any member of staff of the Commission.
Clause 64-General offences This clause provided for the general offences which a person shall not commit and a penalty for any contravention of this provision.

PART VI EVIDENCE, PRESUMPTIONS AND OTHER MATTERS Clause 65-Factual presumptions relating to possession of drug or precursor chemical etc.
This clause provided that, if during the prosecution of a person for an offence under this Act, it was proved that the following was found on a child, an animal, vehicle, vessel or aircraft and that the accused person was in charge of the child, animal, vehicle, vessel or aircraft, it shall be presumed until the contrary was proved that the accused person was found in possession of a drug, plant, instrument, utensil, precursor chemical, equipment, material or analogue.
Clause 66-Factual presumptions relating to samples This clause provided for the factual presumptions relating to samples until the contrary was proved that the drug or precursor chemical possessed the same properties as the sample.
Clause 67-Factual presumptions relating to purpose of supply of drug or precursor chemical This clause provided that where in the prosecution of a person for an offence, it was proved that the accused person was found in unlawful possession of a drug or precursor chemical, it shall be presumed until the contrary was proved that the possession was for the purpose of trafficking.

Clause 68-Factual presumptions relating to weight of a drug etc.
This clause provided that where a substance was mixed with a drug or precursor chemical, the weight of the substance shall be the total weight of the drug unless the contrary was proved.

Clause 69-Proof of prohibited import or export of drug, precursor chemical, equipment, material instrument or utensils This clause provided for a certificate issued by a foreign state under this Act to be prima facie evidence of the matters stated therein.
Clause 70-Grant of indemnity by Director of Public Prosecutions This clause provided for the Director of Public Prosecutions to tender indemnity to the person tendering evidence on behalf of the Director of Public Prosecution at the trial.

10 Clause 71-Protection of whistle blowers This clause provided for the protection of the safety, threats, intimidation or harassment of whistle blowers by the Director-General.
Clause 72-Forfeiture of proceeds of illegal activity This clause provided for the forfeiture of any proceeds or property acquired through drug trafficking by the Commission in accordance with the Public Finance Management Act, No 1 of 2018.

Clause 73-Affidavit evidence This clause provided for the court to admit affidavit evidence in respect of an offence under this Act at any stage of the proceedings.
Clause 74-Tempering with seized or forfeited property, substance or samples This clause provided for the person not to use, take or dispose of any seized property, drug or precursor chemical or any sample without lawful authority.

It also provided for a penalty for any contravention of this provision.
PART VII DRUG ABUSE PREVENTION, TREATMENT AND REHABILITATION Clause 75-National awareness campaigns This clause provided for the Commission, in consultation with the appropriate authority, to develop and implement strategies for national awareness campaign on the dangers relating to abuse of drugs or precursor chemicals and other substances Clause 76-Prohibition of operation of drug rehabilitation centre without authority.
This clause provided for a person not to operate a drug operation centre without the authority of the Council.

Clause 77-Eligibility for treatment and rehabilitation This clause provided for the eligibility of a person entitled to treatment and rehabilitation at the centre.

Clause 78-Referral to health facility for treatment and rehabilitation This clause provided for the Commission to refer a drug dependent person to a health facility for treatment.
Clause 79-Treatment order This clause provided for the court to order a convicted person who was addicted to a drug to be sent to a centre for treatment and rehabilitation.

Clause 80-Imposition of final sentence This clause provided for a person who was receiving treatment and rehabilitation at a centre to be brought before the court to be dealt with in accordance with this section.
11 PART VIII GENERAL PROVISIONS Clause 81-Bail This clause provided for the court not to grant bail in respect of offences under section 15, 16, and 17 of the Act.

Clause 82-Disposal of abandoned and perishable goods This clause empowered the court to order the sale of the seized property which was perishable and abandoned and the proceeds to be paid into the general revenues of the Republic.
Clause 83-Forfeiture of property where no proceedings or claim This clause provided for the property seized under this Act to be forfeited after the expiration of six months.

It further provided for the Director General to release the property seized under this Act where a person made a claim in writing.

Clause 84-Disposal and destruction of seized substances This clause provided for the court to order the immediate destruction of a drug or precursor chemical seized under this Act.
Clause 85-Mutual legal assistance This clause provided for the Convention on mutual legal assistance in criminal matters to apply to offences under this Act except where there were inconsistencies with this Act.

Clause 86-Sentence for previous offenders This clause provided for the person convicted on a second or subsequent offence for trafficking to be liable to imprisonment for a term of not less than ten years.
Clause 87-Extraditable offences This clause provided for the offences under this Act to be deemed extraditable offences.

Clause 88-Rules This clause empowered the Commission, by statutory instrument, to make rules for, among other things, the appointment and termination of appointment of staff of the Commission.

Clause 89-Regulations This clause empowered the Minister, on recommendation of the Commission, to make regulations for the better carrying out the provisions of this Act.
Clause 90-Repeal of Cap 96 This clause provided for the repeal of the Narcotic Drugs and Psychotropic Substances Act, Chapter 96 of the laws of Zambia.

Clause 91-Savings and transitional provisions This clause provided for the Director-General and other staff under the repealed Act to continue to be employees or officers of the Commission as if appointed under this Act.

12 SUMMARY OF CONCERNS BY STAKEHOLDERS 8.0 All the stakeholders who appeared before the Committee supported the Bill.
However, they raised concerns as set out below.

i.

Clause 2 – Interpretation a) Some stakeholders noted, with concern, the use of the terms „Drug Abuser‟ and „Drug Dependent Person‟, under this clause.

They contended that the use of these terms had the potential to promote stigma and discrimination against individuals with a substance use disorder.

The Committee was informed that the Mental Health Act, No.
6 of 2019 also prohibited the use of terms that may undermine a person with a mental disorder and that the human rights approach to mental health strove hard to eliminate stigma and discrimination against individuals with a mental or substance use disorder.

In this regard, it was suggested that the terms „a person with mild /moderate substance use disorder‟ be used instead of „Drug Abuser‟ and „a person with a severe substance use disorder‟ instead of „Drug Dependent Person‟.
They further noted the use of the term „drug addicts‟, under clause 4(1) (c).

They contended that the use of the term „drug addicts‟ was stereotypical and likely to put a label on counselling and rehabilitation service users, which in itself was a form of stigma.

The Committee was informed that this was also discouraged in the Mental Health Act, No.

6 of 2019.

It was, therefore, suggested that the term „persons with a substance use disorder‟ be used in place of „drug addicts‟.
b) Other stakeholders were of the view that the definition of the word „trafficking‟ was not comprehensive as it did not take into account the aspect of transporting drugs with the intention to sell without lawful authority and the activities considered as trafficking under the United Nations Conventions on Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1998 and the United nations Convention against Transnational Organised Crime, 2003.
In this regard, it was suggested that the word be redefined to take into account the two aspects highlighted.

c) Some stakeholders noted that the term “lawful authority” had been consistently used in the text without providing a definition for it.

They contended that no such term was contemplated in the Cannabis Bill and Industrial Hemp Bill which this Bill cross-referenced.
It was, therefore, suggested that the interpretation for terminologies inserted, with retrospection of “lawful authority” be contemplated in the Cannabis Bill and Industrial Hemp Bill.

the ii.

Clause 4 - Functions of Commission a) Some stakeholders observed that under clause 4(1) (a), the Bill provided for the Commission to control the supply and demand of a drug, which was also a function performed by the Zambia Medicines Regulatory Authority.
It was suggested that the component of control of supply and demand of a drug be deleted from the sub clause.

13 b) With regard to clause 4(1) (c) some stakeholders noted with concern that the Commission was being empowered to provide counselling and rehabilitation services to substance abusers when such health services were being offered under the Ministry of Health.

They contended that the Commission did not run health facilities and may not have the expertise required for this function.
It was, therefore, suggested that the sub clause be amended to include the words “in collaboration with the ministry responsible for health” in carrying out this function.

c) Other stakeholders observed that clause 4(2) of the Bill, which provided for the functions of the Drug Enforcement Commission, did not include strategies towards facilitating the discovery of money laundering opportunities, prevention of money laundering and dissemination of information on the dangers of money laundering.
They contended that this was necessary since the Act stipulated that one of the functions of the Drug Enforcement Commission (DEC) was to prevent and investigate money laundering and related offences.

It was, therefore, suggested that appropriate strategies be spelt out.

Clause 5 - Constitution of staff board a) Some Stakeholders expressed concern on clause 5(1) of the Bill which provided for the constitution of the staff Board for the Commission.
They noted that the board would be functioning just like any other regular Board, in terms of its proceedings, as outlined under Part 1 of the First Schedule of the Bill.

Stakeholders were, therefore, of a strong view that the Bill needed to provide for the constitution of the Board or the appointment of commissioners, to be overseeing and providing policy direction to the DEC in order to ensure that it effectively performed its functions highlighted under clause 4 of the Bill.
The stakeholders also submitted that functions under clause 6 of the Bill needed to be performed by the Board.

b) Other stakeholders observed that under clause 5 of the Bill, on the appointment of there was no provision for qualifications and tenure of office.

It was, therefore, suggested that this be provided for so as to ensure certainty in the appointments and tenures of office.
the Chairperson and Vice-Chairperson, Clause 7 - Director General a) Some stakeholders observed that while clause 7(2) and clause 9(2) of the Bill prescribed the qualifications of the Director-General and the Deputy Director General as one who ought to have a bachelor‟s degree or an equivalent and required that the person should have ten years‟ experience at senior management level in law enforcement, the clause did not require that the qualification ought to be relevant to the functions of the Commission.
It was, therefore, suggested that the word “relevant” be added to clause 7(2), before the words “bachelor‟s degree” so that it should read “relevant bachelor‟s degree”.

iii.

iv.

14 v. b) Some stakeholders observed that the Bill did not provide for the declaration of assets by the Director-General and other appointed officers under clause 7.
It was, therefore, suggested that clause 7 should provide for the requirement of a written declaration of assets by the Director-General and other appointed officers before appointment and after a prescribed period thereafter.

Clause 8- Powers of Director General a) Some stakeholders observed that the powers of the Director-General as provided under clause 8 of the Bill appeared to be incidental to the investigative function of the Commission.
They were, therefore, of the strong view that the powers under this clause should have been powers of the Commission rather than the Director-General as they were intended to ensure that the functions of the Commission were carried out.

The Commission was required to take measures to ensure that state institutions and other persons complied with its decisions as provided under Article 241(d) of the Constitution of Zambia as amended by Act No.

2 of 2016 which set out the general powers of commissions.
In this regard, it was suggested that clause 8 be amended to read “Powers of the Commission.” b) The stakeholders further observed that clause 8 gave power to the Director- General to withhold the passport of a person undergoing investigations if the Director-General reasonably believed that the person was likely to leave the Republic.

They were of the strong view that this placed immense discretionary power in the hands of the Director- General and feared that this power may easily be abused.
In this regard, it was suggested that the power to order the surrender of a person‟s passport should be reserved for the courts, which would only do so upon determining whether there was just cause to deprive a person of free movement.

Clause 10- Directors, investigating officers and other staff vi.
Some Stakeholders observed with concern that clause 10(1) of the Bill provided for the powers to the Director-General to appoint as public officers, directors, investigations officers and other staff of the Commission, the power which was already vested in the Commission under Article 241 of the Constitution of Zambia as amended by Act, No.

2 of 2016.
2 of 2016.

It was, therefore, suggested that clause 10(1) must be amended such that it should be in harmony with constitutional provision so that the power to appoint as public officers, directors, investigations officers and other staff should be vested in the Commission.

Minister’s Response This concern was brought to the attention of the Minister, who indicated that, as in other Acts establishing state wings, the appointment of junior officers was the preserve of the Chief Executive Officer.
In his opinion, therefore, there was nothing wrong with the provision.

Clause 13- Guidance by Commission vii.

Some stakeholders observed that clause 13 of the Bill appeared to be giving authority to the Commission to compel state institutions or private bodies to implement the guidance within ninety days as provided under sub clause (2).
They contended that while the idea of providing 15 guidance by the Commission was essential, state institutions should not be compelled to implement the guidance from the Commission within ninety days but rather the implementation should be done as agreed between the Commission and a respective state institution.

This should be done in a manner that would not negatively affect the operations of a state institution.

In this regard, it was suggested that the entire clause be amended accordingly.
Clause 15- Prohibition of trafficking in drug or precursor chemical viii.

Some stakeholders observed that while clause 15(1) and (2) provided for the prohibition of trafficking drugs or precursor chemicals and for the punishment of persons found guilty, the Bill did not give threshold of quantities that constituted the abrogation of sub clause 1 of clause 15.

They contended that this had the potential to result in the lack of an objective definition of what was punishable or not.
As a result, offenders may either be under-punished or over-punished.

Stakeholders also observed that clause 15(1) did not provide for alternative punishments like counselling and community service for offenders abrogating the sub clause.

In this regard, it was suggested that the clause provides for a threshold of quantities that constituted the abrogation of sub clause 1 and further provide for alternative punishments.

ix.
ix.

Clause 25 - Prohibition of unlawful possession of instrument or utensil for administering Drug Some stakeholders expressed concern that the clause lacked clarity on the type of an instrument or utensil that could be used for administering narcotic drugs and psychotropic substances, as the provision was too general.
They contended that utensils such as a teaspoon and instruments such as a disposable syringe or a needle, which ordinarily were being used for purposes of administering narcotic drugs and psychotropic substances, could fall within the category.

It was, therefore, suggested that the offence be stated in clear terms to avoid ambiguity.

Clause 34- General penalty x.


Some stakeholders noted that clause 34 did not provide for an option of payment of a fine for certain offences which were not grave and where a specific penalty had not been provided.

It was, therefore, suggested that clause 34 be amended to include a provision for payment of fines for certain offences.

Clause 37 – Grounds for aggravation xi.


While some stakeholders welcomed the inclusion of the provision under clause 37, particularly sub clause (b), as it would help in deterring various office holders or those holding positions of trust from engaging in illicit activities, they however, observed that the term „health professional‟ as used under clause 37(1) (b) (ii), was not defined under clause 2 as having the meaning assigned to it under the Health Professions Act, No.

24 of 2009.
24 of 2009.

It was, therefore, suggested that the term be defined.

xii.

Clause 40 – Application for authorisation a) Some stakeholders observed that clause 40 (1) did not provide for the use of narcotic drugs and psychotropic substances for research purposes.
It was, therefore, proposed that the clause be recast to read as follows: “A person who 16 intends to cultivate, manufacture, produce, distribute, import, export, trade, package, re-package, transit, remove, divert, posses, research on, consume, administer or otherwise deal with a drug or precursor chemical shall apply to the Authority or Committee where applicable for authorisation in accordance with this Act and the Medicines and Allied Substances Act, No.
3 of 2013, the Dangerous Drugs Act, Chapter 95 of the laws of Zambia and the Cannabis Act, No.

31 of 2021.” b) With regard to clause 40(2) of the Bill, some stakeholders were of the strong view that, given the number of applications that were processed by ZAMRA, it would be impracticable to notify the Commission of all the authorisations given by the Authority.

It was, therefore, suggested that clause 40(2) be deleted so that ZAMRA was not compelled in respect of to notify authorisations issued.
the Commission xiii.

Clause 47- Exemption of medicinal preparation in possession of traveller Some stakeholders proposed that clause 47 (2) be deleted from the Bill as it was already provided for under the Medicines and Allied Substances Act, No.

3 of 2013 and the Dangerous Drugs Act, Chapter 95 of the laws of Zambia, and regulated through the Zambia Medicines Regulatory Authority.

xiv.

Clause 48- Application, grant, modification etc.


of authorisation permit or certificate Some stakeholders submitted that clause 48 be deleted as matters relating to authorisations on narcotic drugs and psychotropic substances were already provided for under the Medicines and Allied Substances Act, No.

3 of 2013 and the Dangerous Drugs Act, Chapter 95 of the laws of Zambia.

They, therefore, contended that this was duplication of the function.
The stakeholders also found it irregular that the Bill under this clause, provided for the minister responsible for health to issue statutory instruments under an Act which would be administered by the ministry responsible for home affairs.

In this regard, they proposed that this function be performed by the minister responsible for home affairs.

Clause 49 - Investigations xv.


Some stakeholders submitted that clause 49(4) of the Bill should be subject to clause 71 of the Bill so that it was clear that the said protection of whistle blowers was not as a matter of right but was subject to the provisions of the Public Interest Disclosure (Protection of Whistleblowers) Act No.

4 of 2010 xvi.
4 of 2010 xvi.

Clause 60 - Restriction on disposal of property Some stakeholders noted that under clause 60 (5) of the Bill, a person aggrieved with a directive of the Director-General may appeal to a “court”.

However, the court was not defined under clause 2 of the Bill.

This notwithstanding, under clause 61(7), the appeal against the decision of the Director-General lay with the High Court.

It, therefore, appeared that the appeal referred to under clause 60(5) lay with the High Court.
In this regard, it was suggested that the court referred to under clause 60(5) be defined under clause 2 of the Bill to ensure 17 consistency.

It was further observed that instead of only having two provisions with an appellate procedure to a court, a general appellate provision be included to provide for an appeal against a directive of the Director-General.

xvii.
xvii.

Clause 64 - General offences Some stakeholders noted that there was a general offence under clause 64(1) (g) of failure to comply with any lawful demand of DEC under the Act.

It was however suggested that a sub clause be added under clause 14, to make it an offence where the head of an appropriate authority did not render a report to the Commission within the prescribed period of thirty days without reasonable excuse, on its recommendations, in order to ensure compliance.

xviii.
xviii.

Clause 77 - Eligibility for treatment and rehabilitation a) Some stakeholders noted that while clause 77 prescribed the various conditions under which a person could be admitted to a health facility or rehabilitation centre, it did not provide for a criterion that would allow a health practitioner to refer a person to the rehabilitation centre or any other appropriate health facility.

In this regard, it was, therefore, proposed that a sub clause be included to provide for the criterion.
b) The stakeholders observed, further, that clauses 77, 78 and 79 were aimed at promoting restorative justice, whereby a person who was deemed to be a drug addict, which person‟s state of mind was impaired and could not be presumed to make rational or sound decisions, should be released from incarceration after rehabilitation.

It was, therefore, repugnant to send back that person to prison after such treatment and rehabilitation.
It was, therefore, suggested that section 79(2) be amended by putting a comma after the word „court‟ and adding the following words “whereby the time spent at the treatment and rehabilitation centre shall be the full and final sentence”.

xix.
xix.

Clause 83 – Forfeiture of property where there are no proceedings or claim Some stakeholders observed that clause 83(a) and (c) was repugnant and wondered why it was provided that the state seized property of a person where a person had not been prosecuted for any offence under any written law with regard to the property.

They were of the view that all seizures must be done for breach of the law and successful prosecution of the suspects.
In this regard, it was suggested that clause 83(a) and (c) be deleted.

9.0 COMMITTEE’S OBSERVATIONS AND RECOMMENDATIONS While supporting the Bill, the Committee shares some of the concerns that were raised by stakeholders and highlights its observations and recommendations on the specific provisions below.

i) Clause 2 – Interpretation a) The Committee is in agreement with some stakeholders who expressed concern over the use of the terms „Drug Abuser‟ and „Drug Dependent Person‟, under this clause.
The Committee is of the view that the use of both terms is derogatory and has the potential to promote stigma and discrimination against individuals with such disorders.

The Committee is alive to the prohibition of the use of these terms in the Mental Health Act No.

6 of 2019.
6 of 2019.

18 In this regard, the Committee recommends that the terms „a person with mild moderate substance use disorder‟ be used instead of „Drug Abuser‟ and „a person with a severe substance use disorder‟ instead of „Drug Dependent Person‟.

b) The Committee observes that the term “lawful authority” which has been consistently used in the text has not been defined in the Bill.
Additionally, this term has neither been defined nor used in the Cannabis Bill and Industrial Hemp Bill, both of which have been cross-referenced in this Bill.

The Committee, therefore, recommends that the interpretation for “lawful authority” be cross-referenced to the terminologies contemplated in the Cannabis Bill and Industrial Hemp Bill.
Clause 5 (1)-Constitution of staff board ii) The Committee notes with concern that while clause 5(1) of the Bill provides for the constitution of the Staff Board, its functions in terms of its proceedings as outlined under Part 1 of the First Schedule of the Bill, are similar to any other regular Board.
The Committee, therefore, recommends that the Bill should provide for the constitution of the Board to oversee and provide policy direction to the Commission and ensure that it performs its functions effectively as highlighted under clause 4 of the Bill.
The Committee also recommends that the functions under clause 5 and 6 of the Bill should be performed by the Board, which should comprise the Director General as Chairperson and representatives from institutions such as the Zambia Police Service, Zambia Revenue Authority, Anti-Corruption Commission and the Zambia Medicines Regulatory Authority (ZAMRA).

The Committee notes that this is the model obtaining at the Bank of Zambia.
iii) Clause 7-Director General a) With regard to clause 7, the Committee notes, with concern, that while the Bill does not provide for the establishment of the Board to provide the policy direction and appoint the Director-General of the Drug Enforcement Commission, the Bill has adopted the term “Director-General,” which is consistent with organisations whose policy direction is the responsibility of a Board.
In this regard, the Committee recommends that the title “Director General” must be replaced with “Commissioner General” so that the Bill is consistent with the established practice.

b) The Committee also notes that the Bill, under clause 7, does not provide for the declaration of assets by the Director-General and other appointed officers.
In this regard, the Committee recommends that the clause provides for the requirement of a written declaration of assets by all officers of the Commission before appointment and at prescribed intervals thereafter.

19 Clause 8- Powers of the Director General iv) The Committee observes with concern that the powers of the Director-General as provided under clause 8 of the Bill appear to be incidental to the investigative function of the Commission.
The Committee is of the strong view that the powers under this clause should have been assigned to the Commission and not the Director-General.

This is in accordance with Article 241(d) of the Constitution of Zambia (Amendment) Act, No.

2 of 2016 which sets out the general powers of commissions.
In this regard, the Committee recommends that clause 8 be amended to read „Powers of the Commission.‟ Clause 37-Grounds for aggravation v) The Committee observes that the term „health professional‟ as used under clause 37(1)(b)(ii), was not defined under clause 2 as having the meaning assigned to it under the Health Professions Act, No.

24 of 2009.

The Committee, therefore, recommends that the term be defined accordingly.
Clause 40-Application for authorisation vi) The Committee observes that clause 40 (1) does not provide for the use of narcotic drugs and psychotropic substances for research purposes.

The Committee, therefore, recommends that clause 40(1) should include the use of narcotic drugs and psychotropic substances for research purposes.
vii) Clause 47- Exemption of medicinal preparation in possession of traveller The Committee observes that the provisions at clause 47 (2) are already taken care of under the Medicines and Allied Substances Act, No.

3 of 2013 and the Dangerous Drugs Act, Chapter 95 of the laws of Zambia and are regulated through the Zambia Medicines Regulatory Authority.

In this regard, the Committee recommends that this clause be deleted from the Bill.

Clause 48- Application, grant, modification etc.


of authorisation permit or certificate vii) The Committee agrees with the stakeholders who contended that clause 48 was replicating what was already provided for under the Medicines and Allied Substances Act, No.

3 of 2013 and the Dangerous Drugs Act, Chapter 95 of the Laws of Zambia.

The Committee, therefore, recommends that in order to avoid duplication and conflict of interest, this clause should be deleted from the Bill.
The Committee also finds it irregular that the Bill under this clause provides for the minister responsible for health to issue statutory instruments under an Act which is supposed to be administered by the ministry responsible for home affairs.

The Committee, therefore, recommends that this be normalised.
20 viii) Clause 60 - Restriction on disposal of property The Committee notes that although clause 60 (5) of the Bill provides that a person aggrieved with a directive of the Director-General may appeal to a “court”, the court of appeal has not been defined under clause 2.

This notwithstanding, clause 61(7) provides for the appeal against the decision of the Director-General to the High Court.

It is, therefore, apparent that the appeal referred to at clause 60 (5) lies with the High Court.
In this regard, the Committee recommends that the court referred to under clause 60(5) should be defined under clause 2 for purposes of consistency.

The Committee further recommends that instead of only having two provisions with an appellate procedure to a court, a general appellate provision be included to provide for an appeal procedure against a directive of the Director-General.
ix) Clause 83 – Forfeiture of property where there are no proceedings or claim The Committee observes, with grave concern, that clause 83(a) and (c) provides for the seizure of property of a person even where a person had not been prosecuted for any offence under any written law with regard to that property.

The Committee is of the view that all seizures must be done for breach of law and successful prosecution of the suspects.
In this regard, the Committee recommends that clause 83(a) and (c) should be deleted.

10.

CONCLUSION The enactment of the Narcotic Drugs and Psychotropic Substances Bill will ensure that the necessary international drug conventions are domesticated in Zambia.

Further, the enactment will remove the legal barriers that would conflict with other legislation that currently permits the use of drugs for medicinal, scientific and research purposes.

The Bill is, therefore, progressive.


The Committee wishes to thank all stakeholders who rendered both written and oral submissions before it.

The Committee also wishes to place on record its gratitude to you Mr Speaker and the Clerk of the National Assembly, for the guidance and services rendered to the Committee throughout its deliberations.
We have the honour to be, Sir, the Committee on National Security and Foreign Affairs, tasked to scrutinise the Narcotic Drugs and Psychotropic Substances Bill, N.A.B.

No.

33 of 2021, for the Fifth Session of the Twelfth National Assembly.
21 Dr M Malama, MP; (Chairperson) Ms A M Chisangano, MP; (Vice-Chairperson) Mr E J Muchima, MP; (Member) Brig Gen M Sitwala, (Rtd) MP; (Member) Mr K Mbangweta, MP; (Member) Mr L Nyirenda, MP; (Member) Ms M Miti, MP; (Member) Dr F N‟gambi, MP; (Member) Mr A B Malama, MP; and (Member) Ms M Lubezhi, MP.
(Member) May 2021 LUSAKA Dr M Malama, MP CHAIRPERSON 22 APPENDIX I - List of National Assembly Officials Ms C Musonda, Principal Clerk of Committees Mr H Mulenga, Deputy Principal Clerk of Committees (FC) Mrs C K Mumba Senior Committee Clerk (FC) Mr C Chishimba, Committee Clerk Mr M Chuba, Committee Clerk Mrs V Banda, Typist Mr M Kantumoya, Parliamentary Messenger 23 Appendix II - List of Witnesses Ministry of Home Affairs Hon Stephen Kampyongo, MP, Minister of Home Affairs Mr Masiye W Banda, Permanent Secretary Goodson Sinyenga, Director Planning and Research Melai M Kambita, Legal Counsel Moses Musonda, Zambia Correctional Service Secretary Kwaleye Mukelebai, Deputy Head Legal Counsel - Drug Enforcement Commission Ministry of Justice Mwiimbu Siwiwaliondo, Senior Parliamentary Counsel Diana Shamabobo, Principal Parliamentary Counsel Lastone Banda, Parliamentary Counsel Human Rights Commission Kims Banda, Chief Investigations and Legal Services Joel Mulemwa, Investigations Officer Drug Enforcement Commission Dr Musonda Simwayi, Commissioner Mr Joseph Kaluzi, Senior Assistant Commissioner, Anti-Drug Operations Department Mr Samuel Silomba, Acting Senior Assistant Commissioner, Human Resource and Administration Dr Isaac Masiye, Assistant Commissioner, National Education Campaign Department Mr Rosten Chulu, Acting Assistant Commissioner, Research Information and Planning Mr Mukelebai Kwaleyela, Chief Investigations Officer Anti-Corruption Commission Silumesi Muchula, Chief Legal and Prosecutions Officer for Ag Director-General Health Professional Council of Zambia Mr Bwembya Bwalya, Registrar Mr Lloyd Bwalya, Legal Counsel Mr Charles Mafumo, Director Finance Dr. Muchenala Chibesa, Director Inspectorate Dr. Kawa Mmembe, Director Registration Mr Mulenga Kolala, Director Corporate Service Pharmaceutical Society of Zambia Mr Mangisha Pelekelo Mr Wazani Zulu Mr Kennedy Saini, President Ms Esnart Mwape, Delegation Leader Mr Oliver Ng`andwe 24 Zambia Medical Association Dr Samson Chisela, President Dr.Masiku Phiri,
 Secretary General Ms Angela Ng`andu, Finance and Administration manager National Health Research Authority Mr Makomani Siyanga, Acting Director General Mr Moses Lupiya, Legal Manager, Board Secretary Mr Lyoko Nyambe, Acting Director Medicines Control Prof G Biemba, Director National Health Research Authority Prisons Care and Counselling Association (PRISCCA) Dr G Malembeka, Executive Director Chainama Hills College Hospital Dr Margret Chibowa, Senior Medical Superintendent Dr Francisca Bwalya, acting head Clinical Care Zambia Civic Education Association of Zambia Mr Mcfarlane Chisanga, Legal Officer The Parole Board Mr. Lloyd Chilundika, Deputy Commissioner General Mr. Evaristo Kalonga, Commissioner Ms. Cecilia Bwalys Soko, Assistant Commissioner Ministry of Health Dr Kennedy Malama, Permanent Secretary Dr. Crispin Sichone, Director Health Policy Dr. Abel Kabalo, Director Health Promotion Environment and Social Determinants Mrs Nsam Mayowe, Principal State Advocate Mr Siyanga Makomani, Acting Director General-ZAMRA Mr Evans Malikana, Deputy Director –Health Policy Zambian Hemp Growers and Industrial Association Mr Peter Sinkamba, President The Non-governmental Gender Organizations’ Coordinating Council (NGOCC) Ms Monica Kanjimana, Program Officer Law Association of Zambia Ms Tukuza Tembo Mulenga, Committee Member Women and law in Southern Africa Ms Maureen Tresha, Executive Director 25